Incorrect Vinyl Flooring fitted - shop says not their fault!

Mr_Poves

mertywerty wrote: »

Hi all - thank you very much to everyone for all the wise advise and facts - it is very much appreciated.

I have had a look a the T&Cs on my 50% receipt paid, only relevant condition is that the full balance must be paid upon completion of the fitting. So nothing about my situation. In fact the T&C's are only a few lines long!

Yes I'm a LL but I don't have a company or anything like that so buying as an individual.

So it looks like I have a valid claim if I go down the Section 75 route, and additionally/alternatively I could play hardball with the carpet shop if I wanted to as it would be within my rights?

I should say that the service I received previously and currently with the fitting service has been very good, it's just unfortunate that this situation has occurred, so I wouldn't want to be a difficult customer if possible.

Also for your interest I've attached a picture of the sample I wanted (black on the left) and what I got fitted (grey on the right). In person the difference looks a lot more pronounced (what was fitted doesn't go with the colour scheme in the kitchen!)

Looking at those pics it may well be the correct vinyl , obviously the sample book will be alot older than the piece of vinyl and shade differences between rolls and batches can vary .
It does also depend on the lighting in the shop , as opposed to the lighting in the room it is fitted .
Are there any offcuts that you can take to the shop and compare ?
As far as I'm aware there is only one factory that produces this design , so doubt it will be from someone else .
I shouldn't really show you this - but this will give you the answer you need , just look at all the options with the name "melbourne" and go from there , there are only a few .Also the Product numbers are there to compare .
http://home.tarkett.com/products/tarkett-vinyl-roll/essentials/essentials-280t#firstsku=661646o.tktp

neilmcl

Mr_Poves wrote: »

It does also depend on the lighting in the shop , as opposed to the lighting in the room it is fitted .
Are there any offcuts that you can take to the shop and compare

Isn't that what he's done in the pic?

mertywerty

Hi thanks again. I think i know what has happened now, thanks to that link.

I ordered Melbourne Noir 9919 from Valley Wholesale, this is what the carpet shop wrote down on my receipt too and what they said they ordered from their wholesaler.

What i got fitted was a Tarkett Essentials Melbourne Noir which as you can see above is not realy black, in fact it has yellow tinge when fitted!

That is why i queried the carpet shop about why the backing of what i got was Tarkett when i ordered Valley Wholesale but they told me that the backing always changes all the time due to production costs and that it wasnt relevant about the company logo at the back, but looks like it is!

I know as a LL i shouldnt care about the style and just the price, but ive just spent significant amount of money on total new nice looking kitchen and walls and tiles etc, and this lino has just ruined the entire effect and makes it look mismatched!

So it sounds based upon this i have feeling shop and wholesaler will come back to me and say that they gave me what i ordered which was Melbourne Noir and that they do not differentiate between different manafacturer differences even if they are really different as above?

shaun_from_Africa

mertywerty wrote: »

So it sounds based upon this i have feeling shop and wholesaler will come back to me and say that they gave me what i ordered which was Melbourne Noir and that they do not differentiate between different manafacturer differences even if they are really different as above?

And if they do, simply state that section 34 of the Sale of goods act states that the seller must allow you a reasonable opportunity to ensure that the delivered goods match the sample that they provided and as they don't match, you are rejecting the vinyl under section 35 of the act.

34 Buyer’s right of examining the goods.
[F48(1)]
Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound on request to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract [F50 and, in the case of a contract for sale by sample, of comparing the bulk with the sample.]

35 Acceptance.
(1) The buyer is deemed to have accepted the goods [F52 subject to subsection (2) below—

when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller.
(2) Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—
(a) of ascertaining whether they are in conformity with the contract, and
(b) in the case of a contract for sale by sample, of comparing the bulk with the sample.

Mr_Poves

Valley are just the wholesaler , the vinyl will have been produced by tarkett definitely , I order this from a few different wholesalers and it's the same stuff , never seen anything like this .

Mr_Poves

neilmcl wrote: »

Isn't that what he's done in the pic?

My bad , thought it was 2 pics side by side .

mertywerty

Thanks that is an interesting insight into how the wholesale thing works i thought it was different as the backing was totally different and had their own logo on the back. Sp maybe i did get a the worst end of a dodgy batch?

Thanks to all ppl here i think i have enough information on rights to request recourse if required. I will await the carpet shop to get back to me first and will update this thread so that other people who may encounter this problem will have an idea of what they can do.

mertywerty

Hi - I promised an update on this so here it is.

The supplier eventually went to the carpet shop and saw my lino vs the sample lino and they finally accepted it was different. Apparently their whole batch of this pattern in the warehouse was the wrong colour (not sure why no one else complained?).

Anyway the carpet shop got a new batch and agreed to refit that for me. It's still not the exactly the right colour (it's still more grey than black), but it's good enough for me.

I guess the moral of the story is always ensure you obtain a sample in hand of the flooring you agree to buy and always be present at the fitting to compare the sample before allowing the fitters to proceed to fit (sounds common sense, but evidently I don't have any!).

Mr_Poves

Glad you got it sorted .

Computersaysno

I'm amazed that they fitted it without you being there......


Most carpet shops/fitters will NOT fit unless you are there to agree that the carpet is the right one.....and there's two possible explanations to that...


1. I guess they got fed up with customers deliberately lying after the carpet was down....nice way to get a big reduction in price...."That's not the colour I ordered...but I'll keep it of you're offering a big discount".....


2. Or possibly they have such poor controls they regularly fitted the wrong one...


I know which my money is on!!!